WASHINGTON (AP) — The House approved legislation Thursday aimed at speeding up permitting reviews for new energy and infrastructure projects that now take five or more years to complete, as lawmakers seek to meet growing demand for electricity and other forms of energy.
The bill, dubbed the SPEED Act, would also limit judicial review as Congress seeks to enact the most significant change in decades to the National Environmental Policy Act, a bedrock environmental law that requires federal agencies to consider a project’s possible environmental impacts before it is approved.
The bill was approved, 221-196, and now goes to the Senate.
Republicans and many Democrats believe the 55-year-old environmental policy law has become mired in red tape that routinely results in years-long delays for major projects. The law requires detailed analysis for major projects and allows for public comments before approvals are issued. A recent study found that environmental reviews often total nearly 600 pages and take nearly five years to complete.
The House bill would place statutory limits on environmental reviews, broaden the scope of actions that don’t require review and set clear deadlines. It also limits who can bring legal challenges and legal remedies that courts can impose.
“The SPEED Act is a focused, bipartisan effort to restore common sense and accountability to federal permitting,'' said Rep. Bruce Westerman, R-Arkansas, the bill's chief sponsor.
While NEPA was passed “with the best of intentions,” it has become unwieldly in the decades since, said Westerman, who chairs the House Natural Resources Committee and has long pushed for permitting reform.
"Unfortunately, what was meant to facilitate responsible development has been twisted into a bureaucratic bottleneck that delays investments in the infrastructure and technologies that make our country run,'' Westerman said Thursday on the House floor.
Democrats agreed that the permitting process has become unwieldy, but said the House bill does not address the real causes of delay and undercuts public input and participation while overly restricting judicial review.
“The SPEED Act treats environmental reviews as a nuisance rather than a tool to prevent costly, harmful mistakes," said California Rep. Jared Huffman, the top Democrat on the Natural Resources panel.
“Weakening environmental review won’t fix permitting challenges (and) won’t help us build the clean energy future that we need,” Huffman said. "Gutting NEPA only invites more risk, more mistakes, more litigation, more damage to communities that already face too many environmental burdens.”
Eleven Democrats voted for the bill, while one Republican, Rep. Brian Fitzpatrick of Pennsylvania, opposed it.
Huffman and other critics also complained that the bill could harm wind and solar projects that ae being shut down by the Trump administration. A last-minute change this week allows the administration to continue to block some offshore wind projects, bending to demands by conservatives who oppose offshore wind.
The American Clean Power Association, which represents wind developers, pulled its support for the bill because of the changes, which were demanded by Republican Reps. Andy Harris of Maryland and Jeff Van Drew of New Jersey.
The GOP amendment “fundamentally changed legislation that represented genuine bipartisan progress on permitting reform,'' said Jason Grumet, the group's CEO. “It’s disappointing that a partisan amendment .... has now jeopardized that progress, turning what should have been a win for American energy into another missed opportunity.”
Harris, who chairs the conservative House Freedom Caucus, defended the change, which he said “will protect legal actions the Trump administration has taken thus far to combat the Biden offshore wind agenda,” including a project in Maryland that the administration has moved to block.
Westerman called the change minor and said that without it, "we probably would not have gotten permitting reform done.”
Rep. Jared Golden, D-Maine, the bill's co-sponsor, said lawmakers from both parties have long agreed that “America’s broken permitting system is delaying investments in the basics we need — energy, transportation and housing.”
Support for the measure "gives me hope that Congress is finally ready to take the win'' on permitting reform, Golden said.
Business groups, including the U.S. Chamber of Commerce, hailed the vote.
“Permitting reform is not just a business issue — it is a national priority,'' said Rodney Davis, senior vice president for government affairs.
“Delays in project approvals hinder economic development, increase costs for consumers and undermine America’s ability to build and maintain critical infrastructure," Davis said. “Modernizing this process will enable timely construction of projects that deliver affordable and reliable energy ... expand broadband connectivity (and) strengthen our ability to compete in the global race for AI innovation."
Environmental groups said the bill undermines a fundamental environmental law while empowering the Trump administration to quickly permit polluting projects without adequate review.
“We urgently need to build the infrastructure necessary to address the climate crisis and to transition to a clean energy economy, but this bill is not the solution," said Stephen Schima, a senior lawyer for Earthjustice Action.
“Far from helping build the clean energy projects of the future, the SPEED Act will only result in an abundance of contaminated air and water, dirty projects and chronic illnesses, with fewer opportunities to hold polluters accountable in court," he said.
House approval of the permitting measure shifts focus to the Senate, where a broader deal that includes changes to the Clean Water Act to facilitate pipeline projects and transmission lines is being considered.
Democrats, including Sens. Martin Heinrich of New Mexico and Sheldon Whitehouse of Rhode Island, also are pursuing legislation to make it harder for President Donald Trump to cancel permits for clean-energy projects.
FILE - Rep. Jared Huffman, D-Calif., speaks as the House Committee on Transportation and Infrastructure works to advance the Water Resources Development Act of 2022, on Capitol Hill in Washington, May 18, 2022. (AP Photo/Mariam Zuhaib, File)
FILE - Rep. Bruce Westerman, R-Ark., center, chairman of the House Committee on Natural Resources, delivers remarks as the House Rules Committee prepares the GOP signature energy package, the "Lower Energy Costs Act," for action on the floor, at the Capitol in Washington, March 27, 2023. (AP Photo/J. Scott Applewhite, File)
FILE - Cars drive past data centers that house computer servers and hardware required to support modern internet use, such as artificial intelligence, in Ashburn, Virginia, July 16, 2023. (AP Photo/Ted Shaffrey, File)
